Skip to site navigation Skip to main content Skip to footer content Skip to Site Search page Skip to People Search page

Alerts and Updates

DHS to End Automatic Extensions of Employment Authorization Documents Effective October 30

October 30, 2025

DHS to End Automatic Extensions of Employment Authorization Documents Effective October 30

October 30, 2025

Read below

Beginning October 30, 2025, noncitizens who file to renew their EADs will no longer receive an automatic extension of their employment authorization or EAD validity while USCIS adjudicates their renewal application.

The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has issued an interim final rule eliminating the automatic extension of employment authorization documents (EADs) for most noncitizens who timely file renewal applications. This policy change will apply to EAD renewal applications filed on or after October 30, 2025.

Key Change

Beginning October 30, 2025, noncitizens who file to renew their EADs will no longer receive an automatic extension of their employment authorization or EAD validity while USCIS adjudicates their renewal application. Limited exceptions will remain, including extensions required by federal statute and those issued through Federal Register notices for temporary protected status (TPS) beneficiaries.

EADs that already received an automatic extension prior to October 30, 2025, will not be affected by this rule.

DHS Rationale

DHS states that the policy is intended to enhance screening and vetting by requiring USCIS to affirmatively reevaluate an individual’s eligibility before extending work authorization. USCIS leadership emphasized a return to stricter review standards, noting that authorization to work in the United States is a “privilege, not a right.”

Impact on Employers and Foreign National Employees

This rule is expected to have significant compliance and operational consequences, including:

  • Increased risk of gaps in work authorization during renewal processing.
  • Heightened I-9 compliance exposure if internal tracking systems are not proactively updated.
  • Greater urgency to file renewal applications up to 180 days before expiration (as recommended by USCIS).
  • Business continuity risk, particularly for employers with EAD-dependent workforce populations.

Foreign nationals whose employment authorization is incident to their status will continue to have work authorization if their status is valid, even if their EAD is expired. For example, individuals in L-2S with an expired EAD but valid L-2 status will continue to hold work authorization. These employees can present a valid I-797 or I-94 to their employers upon expiration of their EAD.  

Recommended Employer Action Items

To reduce risk, employers should:

  • Identify and audit current employees holding EADs as early as possible.
  • Update I-9 and immigration compliance protocols—reverification must occur by the current EAD expiration date; post-October 30, 2025, I-797C receipt notices can no longer be relied upon to extend work authorization.
  • Train HR and onboarding teams on the rule and revised timelines.
  • Encourage employees to file renewal applications at the earliest permissible window (180 days before expiration).
  • Coordinate with immigration counsel immediately if relying on TPS-related or statute-based automatic extensions.

EAD Categories Impacted (for Renewal Filings on or After October 30, 2025)

The following categories were previously eligible for automatic extensions and will now be affected:

  • A03: Refugees
  • A05: Asylees
  • A07: Certain parents/dependent children of special immigrants
  • A08: Certain citizens of Micronesia/Marshall Islands/Palau
  • A10: Granted withholding of removal
  • A12/C19: TPS beneficiaries and TPS applicants with temporary treatment benefits
  • A17: E-1/E-2/E-3 dependent spouses
  • A18: L-2 dependent spouses
  • C08: Pending asylum applicants
  • C09: Pending adjustment of status applicants
  • C10: Suspension of deportation/cancellation of removal applicants
  • C16: Creation of record applicants
  • C20/C22/C24: Legalization applicants
  • C26: H-4 dependent spouses
  • C31: VAWA self-petitioners

Historical Background

The automatic EAD extension was originally created to prevent gaps in work authorization for individuals with pending, timely filed renewal applications due to USCIS case processing delays—an issue that had triggered extensive employer advocacy and litigation, including Edakunni v. Mayorkas (2022). In response, DHS first issued a temporary 540-day automatic extension in 2022 to provide immediate relief and workforce continuity. That framework was made permanent in January 2025, with DHS citing the need to support the U.S. economy, protect employers from workforce disruption and reduce uncertainty and anxiety for foreign national employees. The automatic extension policy has since been periodically maintained and expanded—most recently from 180 days to 540 days—specifically to stabilize employment during prolonged adjudication backlogs.

Next Steps

We are closely monitoring implementation guidance and any further clarification from USCIS. Employers should immediately begin reviewing workforce planning and compliance processes to prevent future authorization lapses once the rule takes effect.

For case-specific guidance or assistance in updating compliance protocols, seek immigration counsel.

For More Information

If you have any questions about this Alert, please contact Ted J. Chiappari, M. Alejandra Vargas, Valentine A. Brown, Isabella Castellon Lebron, any of the attorneys in our Immigration Law Group or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.